whatadiva

Hi All;

I need some clarification please. I am a permanent resident and this info will help clear the cloud in my mind

A friend of a friend entered the U.S last February 2008 on an 18 exchange visitor programme which has now come to an end this month.
Apparently she is EXEMPT from the 2 year home residency rule, is it because of the UK not being a part of the list here? http://travel.state.gov/visa/temp/types/types_4514.html

So, I hear her company filed and petitioned for her H1B in April, the company did hire an attorney to handle all the paperwork.

My first question is, how does one become EXEMPT from the 2 year home residency rule even if it had nothing to do with the UK not being a part of the list in the link above?

Secondly, does it really take 5-6 months to get a result on a H1B being approved or not?

I thought I'd save the best till last, her occupation is nothing special AND ANY laid -off or unemployed American can do her work. She works in Sales and MArketing for Blowfish Shoes, in Santa Monica.

Any info would help clear my head out for peace of mind.

thanks

caleyjag

What visa was she on before? I don't understand how she could get a J1 for working with a shoe company. Normally exchange programs (which generally work on the J1) are for students, researchers and teachers. J1's have a home residency requirement for some countries, but not the UK, hence the exemption.

She won't be able to start on the H1b until October at the earliest, regardless of when it gets approved, so there is no panic.

There is no way she can get it started earlier than that.

I'll be impressed if she gets an H1b for a shoe company, but on the other hand there are a lot going spare right now. Who knows what the USCIS will decide.

ian-mstm

If you are from one of those countries on the list, there is no exemption from the 2-yr HRR. However, you can apply for a waiver of the HRR requirement, and if the waiver is approved (difficult to do, but can be done), then the HRR is waived. This is different from an "exemption".


Perhaps she has acquired knowledge of sales & marketing that "ANY laid -off or unemployed American" could learn, but doesn't currently know.


Why would any of this bring you peace of mind?

Ian

henryh

My J1 was exempt from the home residency requirement (no need for a waiver). There is a checkbox on the DS-2019 labelled "Not subject to the two-year residence requirement." I believe you get this exemption if the exchange program didn't have government funding from either country, and your skill/country aren't on the skills list mentioned above, and you aren't a doctor. There might be other factors.

emartin

As other posters have said, not all J-1 holders are subject to the 2-year home residence requirement.

Yes, it could. It's a long time, but possible.

There is no test of the US job market needed for H-1B purposes. The employer does not need to show that it couldn't find a US worker for the position.